ITO 19(3)1), MUMBAI vs. BRIGHT LAND DEVELOPERS, MUMBAI

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ITA 260/MUM/2011Status: DisposedITAT Mumbai16 December 2016AY 2007-082 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that the appeal was not maintainable as per CBDT Circular No. 21/2015, which sets a monetary limit of Rs. 10 lakhs for filing appeals. The circular is retrospective and applicable to pending appeals.

What were the facts?

The Revenue filed an appeal before the ITAT against an order for assessment year 2007-08. The tax effect in the appeal was below Rs. 10 lakhs.

What were the issues?

Maintainability of the Revenue's appeal before the ITAT due to low tax effect, in light of CBDT circulars.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “B” BENCH, MUMBAI

Before: SHRI MAHAVIR SINGH, JM & SHRI RAJESH KUMAR, AM

For Appellant: Shri G N Makwana
Hearing: 24.5.2016Pronounced: 16.12.2016

स्थधयी ऱेखध सं./ PAN :AAEFB5094P Appellant by Shri G N Makwana Respondent by Shri Prakash G Jhunjhunwala सुनवाई की तारीख / Date of Hearing : 24.5.2016 घोषणा की तारीख /Date of Pronouncement :16.12.2016 आदेश / O R D E R

PER RAJESH KUMAR, AM

1.

The appeal filed by the revenue is directed against the order dated 29.10.2010, passed by the CIT(A)-30, Mumbai, for the assessment year 2007-08.

2.

At the outset, we have noticed that the tax effect in the appeal of the revenue is below Rs.10 lakhs, therefore, the same is not maintainable as per the CBDT Circular No.21/2015, dated 10th December, 2015. We found that as per the recent Circular No.21/2015, dated 10th December, 2015, issued by the CBDT, the monetary limit has been revised for filing of appeal before

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